WILSON v. MITCHELL


10 Misc.2d 559 (1957)

Haskell E. Wilson, Plaintiff, v. Ray Mitchell, Defendant.

Supreme Court, Special Term, Kings County.

November 22, 1957.


Attorney(s) appearing for the Case

Isidore P. Halpern and L. David Weiss for plaintiff.

Jack Messinger, special guardian in person, and Lucien Nemser for Jack Messinger, special guardian.

Paul J. Madden for Herman Feinstein, substitute committee of the person and property of Ray Mitchell.


BENJAMIN BRENNER, J.

Benjamin Mitchell, deceased, was committed as mentally ill on February 21, 1923. His nephew sues as next of kin, pursuant to section 1137 of the Civil Practice Act, to annul the uncle's marriage to defendant on July 9, 1923, on the ground that he was then insane.

The defendant was herself committed as mentally ill some nine years ago and, being still so confined, is here defended by a court appointed guardian ad litem. Benjamin...

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